Businessman in landmark legal win against scourge of internet 'spam'

Published on Wednesday 28 December 2005 00:06

A BUSINESSMAN has won what is believed to be the first victory of its kind by claiming damages from a company which sent him e-mail spam.

Nigel Roberts took action against a Scottish internet marketing firm over junk e-mails in his personal account.

Under new European laws, firms can be sued for sending unwanted e-mails.

Falkirk-based Media Logistics (UK) Ltd has agreed to pay 270 compensation to Mr Roberts - who runs an internet business - and it is predicted that the outcome could lead to more action against US-based spammers, the main source of junk mail, as English judgments can now be enforced in America.

A court in Colchester granted judgment against the firm, which offers "electronic direct marketing", sending out targeted, but unsolicited, e-mail adverts and promotions, known as spamming.

Mr Roberts, 37, who is based in Alderney in the Channel Islands, said: "This case does provide a guideline when it comes to successfully claiming damages from spammers.

"It also shows that, wherever they are, they can be held responsible for sending spam to anyone living in the British Isles jurisdiction. This may be a tiny victory, but perhaps now spammers will begin to realise that people don't have to put up with their e-mail inboxes being filled with unwanted junk."

The EU passed an anti-spam law three years ago called the Directive on Privacy and Telecommunications, which gave individuals the right to fight the tide of spam which has threatened to swamp the electronic information highway.

The directive allows people who are fed up with their inboxes being clogged up with junk, the right to seek damages against the originators of it.

Seona Burnett, the director of intellectual property and technology at Edinburgh law firm McGrigors, said the case would make spammers think twice.

"The fact that this man has done this and he has brought publicity to the subject will give spammers pause for thought," she said. "It was always anticipated that getting substantial damages was going to be difficult because you have to prove loss to get damages and it's quite difficult to prove that.

"If you get enough spam from one company, you could suffer a loss through that. And you also have to identify the people behind the spam, which is sometimes difficult, before you can file an action."

Ms Burnett added: "I suspect this case may have more of a deterrent effect than a floodgate effect, although individuals may feel they've had enough and start do something about spamming."

Mr Roberts said he had been hit by junk mail ads for a car-hire firm and fax broadcasting business. But when his request for an apology and damages under privacy regulations failed, he issued a claim against the firm in England, where it is incorporated, under anti-spam laws.

Media Logistics entered no defence. A judge ruled in favour of Mr Roberts and the firm agreed an out-of-court settlement in which it will pay Mr Roberts a total of 300 in damages and fees.

Mr Roberts said he chose to launch his claim in a small claims court so the amount of damages was limited. But he added that legal advisers had told him that in higher courts, much larger sums could be awarded against spammers.

No-one was available for comment at the Media Logistics UK office yesterday.

Spam facts

• IN 2004, according to IBM's Security Threats and Attacks Trend Report, about 70 per cent of the world's internet traffic was accounted for by an average daily deluge of 24.8 billion unsolicited e-mails.

• Two billion spam messages were sent to UK mobile phones last year.

• Spam has long provided a useful medium for "malware", such as trojan horses and spyware, allowing such software to hitch a lift through the firewalls and anti-virus filters of unsuspecting companies.

• Currently US spammers are the biggest senders of junk mail.

• A poll found 52 per cent of net users complain that junk mail is a big problem.